North Carolina Sample Letter to Judge submitting Default Judgment

State:
Multi-State
Control #:
US-0078LTR
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample letter in Word format covering the subject matter of the title of the form.

[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] Honorable [Judge's Full Name] [Judge's Designation] [Name of the Court] [Court Address] [City, State, ZIP] Re: Default Judgment Submission — Case No. [Case Number] Dear Judge [Judge's Last Name], I hope this letter finds you in good health and high spirits. I am writing as the plaintiff in the above-mentioned case to formally submit a Default Judgment request in reference to the defendant's failure to respond to the lawsuit within the prescribed time frame. I filed the Complaint against the defendant on [Date of Filing], and the defendant was duly served with a copy of the Complaint and Summon [Specify method of service, e.g., personal service, certified mail, etc.] The deadline for the defendant to respond to the lawsuit, as stipulated by the North Carolina Rules of Civil Procedure [mention the specific rule if necessary], has now passed, without any response from the defendant. As a result, the defendant has entered into default, thus entitling me to seek judgment in my favor. Pursuant to the North Carolina General Statutes, Rule 55(b), I request that a Default Judgment be entered against the defendant for the relief sought in the original Complaint. To aid your review and consideration, I have attached the following documents for your reference: 1. Copy of the Complaint and Summon served to the defendant. 2. Proof of service, which substantiates that the defendant was properly notified and acknowledged the lawsuit. 3. Affidavit of Default, confirming that the defendant has failed to answer or otherwise respond within the required time limit. 4. Proposed Judgment Order, outlining the specific relief sought. I humbly request that you grant the Default Judgment in my favor, as the defendant's lack of response demonstrates a clear absence of defense or opposition to the allegations laid out in the Complaint. The evidence presented supports my claims, and I wholeheartedly believe that justice will be served by granting the requested judgment. Furthermore, I would be grateful if the court could provide guidelines regarding the next steps in the legal process, including any applicable procedures or forms to follow in securing the final judgment. Thank you for your attention to this matter. I have full confidence in your wisdom and impartiality in rendering a just decision. Should you require any additional information or documentation, please do not hesitate to contact me. Yours sincerely, [Your Name]

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FAQ

Rule 60(b) of the Federal Rules of Civil Procedure authorizes a court to relieve a party from a final judgment, order, or proceeding for various reasons, including ?mistake, inadvertence, surprise, or excusable neglect.? Fed.

If you never knew you were being sued, and motion for default judgment is filed against you, you should respond with a Motion to Vacate Judgment, also known as a Motion to Set Aside Judgment.

Q: What is Rule 60? A: Rule 60 of the Rules of Civil Procedure authorizes a section 2255 movant to ask the court for relief from a judgment. Rule 60 differs from Rule 59 in that Rule 60 may be used after the 28 day timeframe for filing a Rule 59(e) motion has run.

A court can enter a default for the defendant not providing further responses to discovery, for discovery abuses or for conduct violating local court rules. (See Cal. Rules of Court, rule 3.1320(g); Code Civ. Proc., § 2023.030(d) and §575.2(a).)

A participant meets the Rule of 60 if his or her age plus full years of service equal at least 60 and he or she either: (i) is at least age 50 with at least five full years of service; or (ii) is under age 50 with at least 20 full years of service.

On a motion for a new trial in an action tried without a jury, the court may open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and direct the entry of a new judgment.

? Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the judge at any time on his own initiative or on the motion of any party and after such notice, if any, as the judge orders.

The first step in obtaining default judgment is the entry of default. plead or is otherwise subject to default judgment as provided by these rules or by statute.? Rule 55(a). trial judge, however, ?has concurrent jurisdiction and can order entry of default.? Ruiz v. Mecklenburg Utils, Inc., 189 N.C. App.

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I. Introduction. After being properly served with the complaint and summons in a civil action, the defendant has a certain amount of time—typically thirty ... NOTE: THIS PACKET CONTAINS INFORMATION REGARDING FILING A RESPONSE TO A. GENERAL CIVIL DISTRICT COURT CLAIM. DUE TO THE CHANGING NATURE OF THE LAW, the forms ...Dec 8, 2022 — This page outlines how to ask the Court to enter final judgment in your favor because the defendant has failed to appear/answer. COMPLAINT. ◇ CIVIL SUMMONS. ♢ AFFIDAVIT OF SERVICE OF PROCESS BY REGISTERED OR CERTIFIED MAIL. ♢ NOTICE OF ADDRESS CHANGE (Use this form only when necessary.). Look for a motion form. You need to request entry of default first. Your court might have a printed “fill in the blank” form you could use to make this request. This guide is intended to help a person who wants to file or defend a civil case in the United States District Court for the Eastern District of North Carolina ... Use this checklist to complete your default judgment prior to filing it with the court. The Default Judgment Checklist is intended to provide a guideline to ... ... THE. JUDGE WILL NOT ALLOW YOU TO MOVE FORWARD. CHECKLIST: PART 3. • File Request for Hearing with the Clerk of Court. • File Affidavit of Default (if applicable). (a) Service of orders, subsequent pleadings, discovery papers, written motions, written notices, and other similar papers - When required. - Every order ... 1) You must fill out several copies of a Notice of Claim form by briefly and clearly stating in writing the nature and amount of your claim against the ...

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North Carolina Sample Letter to Judge submitting Default Judgment